Chicago Special Needs Trust Attorney
Providing financial support for someone with a disability takes careful planning, especially if they receive government assistance. A Chicago special needs trust attorney at KS Law Group can answer your questions and help you create a trust to support them while helping protect their eligibility for benefits.
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Work With a Chicago Special Needs Trust Attorney
You may be planning for a child, helping an adult relative, or deciding how to handle an inheritance or settlement. A special needs trust attorney can help you understand where the money should go and who will manage it.
KS Law Group helps clients in Chicago, IL, Cook County, the North Shore, surrounding suburbs, and throughout Illinois with estate planning. You can speak with our team in English, Polish, or Italian. We explain how the trust works and answer your questions.
We start by learning about the person who needs support, the benefits they receive, and their daily needs. We then help you plan how the trust will work with your other documents and provide support in the future.
What Is a Special Needs Trust?
A special needs trust holds property for a person with a disability. A trustee manages the assets and makes payments for that person’s benefit under the trust’s terms.
The person establishing the trust may be called the grantor or settlor. The person receiving support is the beneficiary. Special needs trusts can serve children and adults.
Often called a supplemental needs trust, this arrangement is intended to supplement public benefits.
How Can a Special Needs Trust Help?
A properly prepared and managed trust may help you:
- Provide additional support. Funds may cover services, equipment, education, transportation, or activities that improve daily life.
- Choose who manages the funds. A trustee handles payments and records rather than leaving those responsibilities to the beneficiary.
- Prepare for future care. You can name a successor trustee and leave guidance for support after your death.
Our attorneys explain how the trust and its payments may affect SSI and Medicaid. We help you prepare the trust with these rules in mind, so it can provide extra support while helping protect access to benefits.
Which Type of Trust Should You Consider?
The source of the money helps determine the appropriate structure.
Third-Party Special Needs Trusts
These hold assets belonging to someone other than the beneficiary, such as a parent or grandparent. They can be used to plan gifts or an inheritance without transferring the money directly to the person receiving support.
First-Party Special Needs Trusts
These use the beneficiary’s own assets, such as an inheritance already received or proceeds from a lawsuit. They have different requirements, including rules about age and Medicaid repayment.
A supplemental needs trust lawyer can help you understand your options and choose the best approach for your situation.
Our Team
KS Law Group has years of experience helping clients with a wide range of legal matters, from routine legal questions to complex and sensitive situations.
Arthur Szczypta
Attorney at law
Martin Kaczor
Attorney at law
Sergei A. Kuchinski
Of Counsel
Angelika Kukula
Paralegal
Vanessa Zentak
Team member
Aneta Malinowska
Team member
Kevin O’Brien
Team member
Why Choose KS Law Group for Special Needs Planning?
You should understand what your documents will do and feel comfortable asking questions. Our law firm helps each client work through the decisions with practical guidance.
Planning Around the Person
We discuss support needs, family circumstances, and the assets involved. A house, business interest, or financial account can raise different questions. The plan should reflect those differences.
Clear Explanations
We explain the trustee’s role, the source of the funds, and the benefit rules relevant to your situation. You can ask questions before making decisions.
Coordinated Document Preparation
Your trust should work alongside your will, insurance arrangements, and other estate planning documents. We review how these pieces fit together to reduce conflicting instructions.
Communication in Your Language
You can discuss personal concerns with our team in English, Polish, or Italian. We keep explanations straightforward.
Free 30-Minute Consultation
Arrange a private meeting at our office or online. We can discuss your goals, answer questions, and explain the next steps.
Your Process With a Special Needs Planning Lawyer
Discuss Your Goals
We ask who needs support, what benefits they receive, and what you want the trust to accomplish.
Review Documents and Assets
We review available benefit notices and planning documents.
Consider the Trust Structure
We discuss funding sources, beneficiaries, and trustee choices. If another specialist’s advice is needed, we identify the questions to address.
Prepare the Documents
Our attorneys write the trust around the agreed plan. Careful preparation gives the trustee instructions for managing assets and making payments.
Review and Sign
We explain the draft, answer questions, and make necessary revisions before guiding you through signing.
Plan Funding and Future Reviews
We explain the steps for placing the intended property into the trust and reviewing the plan as circumstances change.
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Frequently Asked Questions
It may help preserve eligibility when properly structured and administered, but protection is not automatic. SSI and Medicaid have separate rules. The assets used, the beneficiary’s rights, and trust payments all require review.
SSDI generally is not affected by an inheritance or other assets. However, you may also receive SSI, Medicaid, or another benefit with financial limits. Review all benefits before deciding whether a trust is appropriate.
Depending on its terms, a trust may pay for therapy, assistive technology, education, transportation, recreation, and other needs. The trustee should check how a proposed payment affects benefits, particularly before providing cash or paying housing costs.
Choose someone who can manage money, keep records, follow benefit rules, and understand the beneficiary’s needs. You may consider a person or professional trustee and should plan for a replacement.
Clear instructions can reduce confusion but cannot prevent every civil dispute or litigation.
Your last will and testament can contain special needs trust provisions. Ask a special needs planning lawyer whether that approach or a separate trust better fits your plans.
Look for an attorney specializing in relevant estate planning work. Ask about setting up trusts for similar circumstances, including elder beneficiaries where relevant. They should explain the purpose of the trust and the practical steps involved in writing it.
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Discuss Your Situation With KS Law Group
Contact our Chicago office to explain your situation, ask initial questions and learn about possible next steps.
